Bridget Prentice: My noble Friend the Parliamentary Under-Secretary of State (for Baroness Ashton) has made the following written ministerial statement:
	"I have today published a public consultation paper on the draft rules of procedure to accompany the Inquiries Act 2005. Copies have been placed in the Libraries of both Houses. The consultation is aimed at those people with an interest in and experience of inquiries.
	The Inquiries Act received Royal Assent on 7 April 2005 and the provisions were commenced from 7 June. The Act provides a framework for inquiries within the United Kingdom, established by Ministers, into events that have caused or are capable of causing public concern. Section 41 of the Act contains provisions for the making of rules.
	The rules are intended to build upon the best practice of recent inquiries. In particular they set out the procedures for applying for publicly funded legal representation, requiring rates and extent of work to be agreed in advance. This is intended to help the inquiry control costs and avoid disputes over the payment of bills. The rules also assist the chairman in controlling oral proceedings and seek to prevent extensive and costly cross-examination procedures.
	Once laid, the rules would apply to all inquiries established by UK Ministers. Devolved Administrations have powers to make rules in respect of any inquiries for which they are responsible. Where an inquiry covers issues that cross administrations the commissioning Minister, or Ministers, in respect of joint inquiries, would specify which set of rules was to be applied, or whether a combination of rules was to be adopted".

Patricia Hewitt: Following the recent ruling by the High Court on a decision by Swindon Primary Care Trust concerning the drug, Herceptin, I can confirm to the House that the policy on the prescription and provision of Herceptin for HER2 positive early stage breast cancer, ahead of a decision on licensing or National Institute for Health and Clinical Excellence (NICE) appraisal, remains as set out in the NHS Chief Executive's Bulletin: Issue 294, 4–10 November 2005. This is that:
	It is down to individual clinicians to decide whether to prescribe Herceptin for a woman who has tested HER2 positive after discussions with the woman about potential risks and taking into account her medical history.
	Primary care trusts (PCTs) should not refuse to fund Herceptin solely on the grounds of its cost.
	PCTs should not rule out treatments on principle but consider individual circumstances.
	This policy does not, in any way, replace either the licensing process or the NICE appraisal process. It is possible for a clinician to prescribe a drug outside its licensed indications ("off-licence" or "off-label" use).
	The manufacturers of Herceptin have now applied to the European Medicines Agency for a licence for the use of Herceptin in the treatment of early stage breast cancer and a decision is expected in summer 2006. I referred Herceptin for early stage breast cancer to NICE in July 2005, and in November 2005 I announced that we had agreed with NICE that their evaluation of Herceptin would begin immediately after a licence had been applied for. I can confirm that NICE has now started work on its appraisal. We expect the NICE evaluation to be completed shortly after any licence is granted. NICE technology appraisals are covered by a three-month funding direction. This means that PCTs must provide funding for the uses recommended by NICE within three months of publication to allow clinicians to follow the guidance.
	In addition, Professor Mike Richards, the National Cancer Director, is working with cancer networks to ensure that testing arrangements are put in place to enable women who require it to be tested for HER2 status. This work is ongoing.